UNION OF INDIA Vs. DAYA NAND

JUDGEMENT

(1.) C .M. Appl. No. 3269/2015 (Exemption) Exemption allowed subject to just exceptions. Application stands disposed of. W.P. (C) No. 1827/2015 & C.M. Appl. No. 3270/2015 (Stay) By this petition filed under Article 226 of the Constitution of India, petitioner seeks to challenge the order dated 23.07.2014 passed by the learned Central Administrative Tribunal, Principal Bench, New Delhi in O.A. No. 3694/2013, whereby the learned Tribunal gave a the direction to the petitioners herein to consider the case of the respondent for granting first financial Upgradation under the ACP scheme in the pay scale of Rs.4500 - 7000 and second financial Upgradation under the said Scheme in the scale of Rs.5000 -8000 at par with the similarly situated persons by treating the respondent as absorbed after having medically de -categorised in the grade of Rs.3050 -4590 from the due date with all consequential benefits. The petitioners, who were the respondents before learned Tribunal, were also directed to comply with the aforesaid directions within a period of two months from the date of the impugned order.

(2.) WE have heard the learned counsel for the petitioner and also gone through the impugned order and the material placed on record. For better appreciation, the operative part of the impugned order passed by the learned Tribunal is reproduced hereunder:

(3.) IN the original application filed by the respondent, he has clearly mentioned that after necessary clarification was given by the General Manager to resolve the anomalous situation, the Northern Railway Board, Baroda House vide order dated 4.6.2003 granted the first financial Upgradation under the ACP Scheme on completion of 12 years of service to those persons who were absorbed in the alternative posts in the grade of Rs.2700 -4400 by the petitioners in the pay scale of Rs.4500 -7000 from the date of completion of 12 years of service. The respondent also referred the identical case of one Des Raj Singh, who was granted the first financial Upgradation under the ACP Scheme in the pay scale of Rs.4500 -7000. The learned Tribunal in the impugned order has also observed that considering the case of the respondent be considered for granting the first and second financial Upgradation under the ACP Scheme at par with the similarly situated persons by treating him as absorbed after having medically decategorised in the scale of Rs.3050 -4590 from the due date.